The holiday season is a time for celebration, but for many drivers in Texas, it can also bring heightened scrutiny from law enforcement. Every year, the Texas Department of Transportation (TxDOT) teams up with police departments across the state to ramp up efforts to stop drunk driving during the holidays, typically up through New Year's. While these campaigns are intended to prevent DWI accidents, the aggressive push can lead to questionable arrests and misapplied DWI charges.

For drivers caught in this enforcement wave, understanding how DWI laws work and knowing how to fight back is essential.

How DWI charges are misapplied during holiday crackdowns

In Texas, driving while intoxicated (DWI) is a serious charge that can have long-lasting effects on a person’s life. The penalties for DWI in Texas can be harsh, even for first-time offenders. Fines, jail time, license suspensions, and mandatory alcohol education programs are just the start. Repeat offenders and those with aggravating factors, such as having a child in the car, face even steeper consequences.

While the law is clear about what constitutes a DWI, the holiday season’s increased enforcement often leads to a broad application of charges, putting even cautious drivers at risk of arrest. The holidays bring not only increased traffic but also an uptick in DWI checkpoints and roadside stops. Officers, working under pressure to make arrests during campaigns like “Drive Sober. No Regrets.,” may misinterpret situations or rely on faulty evidence.

Misapplied charges often stem from:

Faulty Equipment

Breathalyzers require careful calibration, and even a small error can result in inflated BAC readings.

Subjective Testing

Field sobriety tests are notoriously unreliable, particularly for individuals with medical conditions, high stress, or fatigue.

Assumptions Based on Alcohol Smell

Simply admitting to having one drink or smelling like alcohol may lead officers to pursue charges without further evidence.

Rushed Judgments During Checkpoints

High-pressure holiday DWI checkpoints can lead officers to make snap decisions based on minimal evidence or superficial observations.

Medications Mimicking Intoxication

Prescription or over-the-counter medications can cause symptoms like slurred speech or unsteadiness that are mistaken for alcohol impairment.

Inadequate Observations

Officers may misinterpret nervous behavior or confusion, which is common during traffic stops, as signs of intoxication without considering alternative explanations.

Residual Alcohol in Testing

Recently consumed alcohol that has not yet been metabolized can produce misleadingly high BAC readings on a breathalyzer.

Fighting back against DWI charges

Once a driver is charged with DWI, the prosecution begins building its case. Prosecutors rely on a combination of evidence to establish guilt, including BAC results, field sobriety test performance, alleged observations of slurred speech, bloodshot eyes, the smell of alcohol, and video evidence.

While this type of evidence may seem conclusive, it is far from infallible. Breathalyzer errors, improper testing procedures, and environmental factors can all undermine the strength of the prosecution’s case. An experienced DWI defense lawyer can identify weaknesses in the prosecution’s case and work to secure a favorable outcome.

Common defense strategies include:

• Questioning the Traffic Stop: If the officer lacked reasonable suspicion or probable cause, the evidence collected during the stop could be thrown out.
• Challenging Test Results: From faulty equipment to improper procedures, a lawyer can expose flaws in BAC tests or field sobriety evaluations.
• Examining Officer Testimony: Observations like slurred speech or unsteady movements are subjective and can be influenced by stress, fatigue, or other factors.

Having a lawyer who understands the complexities of DWI cases in Texas is important for getting through the legal process and protecting an individual's rights. An experienced lawyer can evaluate the specifics of a case and identify flaws in the prosecution’s evidence.

Charged with DWI in Texas? Call Amanda Webb right now.

The holidays should be a time for joy, not legal troubles. However, with increased enforcement targeting drunk driving, DWI charges can quickly derail the season. Amanda Webb – DWI Lawyer offers experienced representation for individuals facing DWI charges in Conroe and the surrounding areas.

With her experience as a defense attorney and a former prosecutor in Montgomery County, Amanda Webb understands how these cases are built and how to fight back.

If you are facing DWI charges, contact Attorney Amanda Webb for a free consultation. A strong defense can make all the difference in protecting your future. 

"Wonderful communication, thorough documentation, and pulled out all the best punches. Would recommend them to anyone in a pinch. I know who I’d go to if I got in trouble again. Amanda is an angel." - Andreas B., ⭐⭐⭐⭐⭐